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PEOPLE EX REL. YOUNG v. McMANN

28 A.D.2d 1020 (1967)

The People of the State of New York ex rel. William Young, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 24, 1967

MEMORANDUM BY THE COURT.

We do not reach the merits of relator's contention that section 480 of the Code of Criminal Procedure was not complied with (but see People ex rel. Chapman v. Fay, 25 A.D.2d 665), inasmuch as relief should have been sought in the sentencing court. (People ex rel. Emanuel v. McMann, 7 N.Y.2d 342, 344-345.)

Judgment affirmed,...

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